Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

A objetivação do controle concreto de constitucionalidade nas decisões do Supremo Tribunal Federal

The independence of the United States and the revolutions that emerged in Europe in the eighteenth century led to the birth of the written constitution, with a mission to limit the power of the State and to ensure fundamental rights to citizens. Thus, the Constitution has become the norm and ultimate founding of the State. Because of this superiority felt the need to protect her, emerging from that constitutional jurisdiction, taking control of constitutionality of provisions his main instrument. In Brazil, the constitutionality control began with the Constitution of 1891, when "imported" the American model, which is named after incidental diffuse model of judicial review. Indeed, allowed that any judge or court could declare the unconstitutionality of the law or normative act in a concrete case. However, the Brazilian Constituent did not bring the U.S. Institute of stare decisis, by which the precedents of higher courts eventually link the below. Because of this lack, each tribunal Brazilian freely decide about the constitutionality of a rule, so that the decision took effect only between the parties to the dispute. This prompted the emergence of conflicting decisions between judicantes organs, which ultimately undermine legal certainty and the image of the judiciary. As a solution to the problem, was incorporated from the 1934 Constitution to rule that the Senate would suspend the law declared unconstitutional by the Supreme Court. With the introduction of abstract control of constitutionality, since 1965, the Supreme Court went on to also have the power to declare the invalidity of the provision unconstitutional, effectively against all without the need for the participation of the Senate. However, it remained the view that in case the Supreme Court declared the unconstitutionality of the fuzzy control law by the Senate would continue with the competence to suspend the law unconstitutional, thus the decision of the Praetorium Exalted restricted parties. The 1988 Constitution strengthened the abstract control expanding legitimized the Declaratory Action of Unconstitutionality and creating new mechanisms of abstract control. Adding to this, the Constitutional Amendment. No. 45/2004 brought the requirement of general repercussion and created the Office of Binding Precedent, both to be applied by the Supreme Court judgments in individual cases, thus causing an approximation between the control abstract and concrete constitutional. Saw themselves so that the Supreme Court, to be the guardian of the Constitution, its action should be directed to the trial of issues of public interest. In this new reality, it becomes more necessary the participation of the Senate to the law declared unconstitutional in fuzzy control by the Supreme Court can reach everyone, because such an interpretation has become obsolete. So, to adapt it to this reality, such a rule must be read in the sense that the Senate give publicity to the law declared unconstitutional by the Supreme Court, since mutated constitutional

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

Os artigos de Euler sobre os números amigáveis

Among the many methodological resources that the mathematics teacher can use in the classroom, we can cite the History of Mathematics which has contributed to the development of activities that promotes students curiosity about mathematics and its history. In this regard, the present dissertation aims to translate and analyze, mathematically and historically, the three works of Euler about amicable numbers that were writed during the Eighteenth century with the same title: De numeris amicabilibus. These works, despite being written in 1747 when Euler lived in Berlin, were published in different times and places. The first, published in 1747 in Nova Acta Eruditorum and which received the number E100 in the Eneström index, summarizes the historical context of amicable numbers, mentions the formula 2nxy & 2nz used by his precursors and presents a table containing thirty pairs of amicable numbers. The second work, E152, was published in 1750 in Opuscula varii argument. It is the result of a comprehensive review of Euler s research on amicable numbers which resulted in a catalog containing 61 pairs, a quantity which had never been achieved by any mathematician before Euler. Finally, the third work, E798, which was published in 1849 at the Opera postuma, was probably the first among the three works, to be written by Euler

Geometrias não-eucludianas como anomalias: implicações para o ensino de geometria e medidas

This present research the aim to show to the reader the Geometry non-Euclidean while anomaly indicating the pedagogical implications and then propose a sequence of activities, divided into three blocks which show the relationship of Euclidean geometry with non-Euclidean, taking the Euclidean with respect to analysis of the anomaly in non-Euclidean. PPGECNM is tied to the line of research of History, Philosophy and Sociology of Science in the Teaching of Natural Sciences and Mathematics. Treat so on Euclid of Alexandria, his most famous work The Elements and moreover, emphasize the Fifth Postulate of Euclid, particularly the difficulties (which lasted several centuries) that mathematicians have to understand him. Until the eighteenth century, three mathematicians: Lobachevsky (1793 - 1856), Bolyai (1775 - 1856) and Gauss (1777-1855) was convinced that this axiom was correct and that there was another geometry (anomalous) as consistent as the Euclid, but that did not adapt into their parameters. It is attributed to the emergence of these three non-Euclidean geometry. For the course methodology we started with some bibliographical definitions about anomalies, after we ve featured so that our definition are better understood by the readers and then only deal geometries non-Euclidean (Hyperbolic Geometry, Spherical Geometry and Taxicab Geometry) confronting them with the Euclidean to analyze the anomalies existing in non-Euclidean geometries and observe its importance to the teaching. After this characterization follows the empirical part of the proposal which consisted the application of three blocks of activities in search of pedagogical implications of anomaly. The first on parallel lines, the second on study of triangles and the third on the shortest distance between two points. These blocks offer a work with basic elements of geometry from a historical and investigative study of geometries non-Euclidean while anomaly so the concept is understood along with it s properties without necessarily be linked to the image of the geometric elements and thus expanding or adapting to other references. For example, the block applied on the second day of activities that provides extend the result of the sum of the internal angles of any triangle, to realize that is not always 180° (only when Euclid is a reference that this conclusion can be drawn)

Infografia interativa na redação: o processo de produção no Diário do Nordeste à luz da teoria do jornalismo

The infographics historically experience the process of evolution of journalism, from the incipient models handmade in the eighteenth century to the inclusion of computers and sophisticated software today. In order to face the advent of TV against of the partiality readers of the printed newspaper, or to represent the Gulf War, where not allowed photography, infographics reaches modern levels of production and publication. The technical devices which enabled the infographics to evolve the environment of the internet, with conditions for the manipulation of the reader, incorporating video, audio and animations, so styling of interactive infographics. These digital models of information visualization recently arrived daily in the northeast and on their respective web sites with features regionalized. This paper therefore proposes to explore and describe the processes of producing the interactive infographics, taking the example of the Diário do Nordeste, Fortaleza, Ceará, whose department was created one year ago. Therefore, based on aspects that guide the theory of journalism, as newsmaking, filters that focus on productive routine (gatekeeping) and the construction stages of the news. This research also draws on the theoretical framework on the subject, in concepts essential characteristics of computer graphics, as well as the methodological procedures and systematic empirical observations in production routines of the newsroom who can testify limitations and / or advances

Teias de caridade e o lugar social dos expostos da Freguesia de Nª Srª da Apresentação: capitania do Rio Grande do Norte, século XVIII

The abandonment of newborn children is a reality nowadays. This reality enables us to discuss this issue in other temporalities, in all kinds of societies. Thus, this work aims to demonstrate how the population that lived at Freguesia de Nossa Senhora da Apresentação, a civil parish at a Rio Grande do Norte captaincy, socially placed the abandoned newborn during in the eighteenth century. These newborn were called exposed ones at the time and were inserted in a regional Exposed Circle. The research also discussed how the local Council assembly sheltered these newborn. For research development the following manuscript documents were used: baptism, wedding and demise documents at Freguesia de Nossa Senhora da Apresentação as well as the first Book of Records if the matrix church at this civil parish. The research also considered the terms of the Council assembly. Some printed documents were used such as Philippine Ordainments, the First Constitutions of the Archbishop in 1707 including the Lunario contents as well as texts from André João Antonil and Henry Koster. In the analysis reference work related to Social History was used. Thus, it is possible confirm that there was construction of socially accepted places for these exposed on behalf of the colonist at the region

Liberdades possíveis em espaços periféricos: escravidão e alforria no termo da vila de Arez (séculos xviii e xix)

This paper discusses aspects of the slavery and emancipations in the village of Arez between the last quarter of the eighteenth century and the first decades of the nineteenth century. It seeks to identify the profile of the slaves and the emancipation possibilities in a peripheral region with few commercial activities, given that the most of the approaches about manumission consider towns and cities where the economic dynamics ware more pronounced, as places of higher possibilities of slaves working in diverse activities that allowed them to accumulate a reserve fund and thus buy their freedom. Therefore it was necessary to raise evidences of slavery in the case study, which was based on surveys of the eighteenth century, and the first decades of the nineteenth century and some population maps and civil records related to the early nineteenth century. The information about the manumission acts were analyzed based on writs of freedom registered in the village of Arez between 1774 and 1827 due to the absence of other documents about it. The registry books include all the documents of the Arez community; so, it was possible to observe what happened in rural localities, in the town, in the headquarters of the district and in the village of Goianinha. Based on information from the documents, it was possible to address some aspects of slavery like the predominant types of groups, the possible activities in which slaves were inserted and the profile of the freed slaves, the emancipation modes and, therefore, discuss the possible relations ship between the colonial space and manumissions and between masters and slaves

Dualidades nas propostas editoriais de música antiga brasileira

A partir da primeira publicação de caráter musicológico de música brasileira do século XVIII, realizada em 1951 por Francisco Curt Lange (Archivo de Música Religiosa de la Capitania Geral das Minas Gerais), surgiram iniciativas brasileiras que manifestaram as mais variadas propostas editoriais. O estudo das edições produzidas no país nas últimas cinco décadas revela várias dualidades, dentre as quais as dez mais importantes serão abordadas neste artigo: 1) publicação ou circulação informal; 2) Gesamtausgaben ou Denkmähler; 3) edição acadêmica ou edição prática; 4) fontes de um único acervo ou de vários; 5) obra isolada ou coletânea; 6) trabalho individual ou trabalho de equipe; 7) obras inéditas ou já divulgadas; 8) financiamento privado ou de instituições governamentais; 9) apenas partitura ou partituras e partes; 10) divulgação em papel ou em meios eletrônicos. Além da identificação dessas dualidades, o objetivo deste artigo é tentar compreender o seu significado e relacioná-las às atuais perspectivas editoriais da música antiga no país.

A aurora do (forte)piano

Este artigo revisita a aurora do fortepiano, instrumento que se tornaria ponto de convergência no fazer musical de fins do século XVIII até meados do XX, e apresenta referências documentais sobre o início da invenção da mecânica de Bartolomeo Cristofori, bem como documentações de outros projetos não Cristoforianos.

TL, OSL and C-14 dating results of the sediments and bricks from mummified nuns' grave

Este artigo apresenta os resultados de datação por TL e OSL de solos, e fragmentos de tijolos de um túmulo, que foi ocupado por duas freiras mumificadas encontradas no Mosteiro da Luz, localizado no Estado de São Paulo, Brasil. As idades encontradas por TL e OSL foram comparadas às obtidas a partir de C-14 dos colágenos contidos em amostras de osso das múmias. A maioria das idades obtidas são do século XVIII. A espectroscopia de radiação-gama foi utilizada para avaliar concentrações de radioisótopos naturais nas amostras e para calcular as taxas de dose anual que resultaram em 3,0 a 5,3 Gy/kano. As concentrações radioativas são próximas daquelas obtidas através de Análise por Ativação de Nêutrons. Os conteúdos de elementos U, Th e Ce são superiores aos encontrados na maioria dos sedimentos.

A idéia de império e a fundação da monarquia constitucional no Brasil (Portugal-Brasil, 1772-1824)

Cet article met les conceptions et projets politiques ayant trait au processus conduisant à la constituion impériale brésilienne de 1824 dans un contexte historique dont le pont de départ est la notion d'empire civil, telle qu'elle se développa lors de la réorganisation politico-administrative du royaume et de l'empire du Portugal au XVIIIe siècle. Le texte montre qu'avec le couronnement de Pierre I on fit un usage moderne d'une institution ancienne, le sacre royal, ce qui servit à étayer une sujection politique fondée sur la raison universelle humaine. Cette étude permet de comprendre pourquoi le Brésil indépendant fut pour commencer un empire, pas un royaume, ainsi que le sens profond du pouvoir modérateur attribué à l'empereur par la constitution de 1824.

Ludwig Tieck: Meandros Góticos

Ludwig Tieck (1773-1853) was a pioneer of German Romanticism alongside figures such as Novalis, Wackenroder, brothers August and Friedrich Schlegel, Schleiermacher, Schelling. A great admirer of Shakespeare and Calderón de la Barca, Tieck envisioned literature as a supranational terrain and an area of convergence of different traditions and perspectives. Thus he absorbed numerous elements from popular culture (fairy tales, legends, superstitions) and merged with the trends of his time, among which the mid eighteenth-century gothic and horror narrative. In Tieck the macabre becomes an expression of questions about the relationship between the subject and on the very notion (based on common sense) that there would be a single reality and independent from the point of view of who observes or describes. Tieck aesthetically formulated questions that echoed throughout German romanticism, expressing concerns and anxieties inseparable from his poetic and literary production.

O romance-projeto: um estudo de Lucinde (1799), de Friedrich Schlegel

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As manifestações do gótico em Lovecraft: do Castelo de Otranto ao solar de Ward

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